HC DIRECTS GOVTS TO FILE AFFIDAVITS ON LEGISLATION TO HONOUR KILLINGS

The Madras High Court on Wednesday directed the Centre and Tamil Nadu governments to file an affidavit on whether new legislation could be brought in to prevent honour killings.The direction was given by the First bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan on a PIL filed by a person named Varaagi.

The bench also directed the governments to spell out in the meantime whether some guidelines be framed on the matter.
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Giving six weeks time to both the governments to file affidavit, the bench directed to implead the Union Ministry of Social Justice and Empowerment and the Ministry of Tribal Affairs as respondents in the case.
The PIL sought to bring a new legislation to prevent honour killings in the state and to direct the authorities to provide arms to the Scheduled Caste people as contemplated in the SC and ST (Prevention of Atrocities) Rules 1995.
The bench asked the state and central government counsels including the Assistant Solicitor General Su Srinivasan whether new legislations be brought or at least frame some guidelines in the meantime.
The petitioner, referring to various honour killings occurred in the state, submitted that though there are number of provisions to protect the interest of SC/ST people, they were “continuously been discriminately treated by the caste Hindus and other government machineries”.
“The government of Tamil Nadu represented by the Council of Ministers and the Opposition party have possessed power to enact laws to prevent honour killings but failed to do it,” the petitioner said.
Stating that judiciary has the power to fill up the “lacuna”, the petitioner sought for a direction to the government and authorities concerned to bring new legislation against honour killings and to direct to provide arms to the Scheduled Caste people as contemplated under Rule 3(1)(5) of the Scheduled Caste and Scheduled Tribes (prevention of Atrocities) Rules 1995, to those who are living in the atrocities prone Areas.